Federal Laws That Affect HOAs

The federal limits on what an association can do

Arizona HOAs are governed mostly by state law (Title 33). But a handful of federal laws override the CC&Rs and tell an association what it cannot do — and homeowners often don’t know these exist. Here are the federal laws that reach into your community, each with the citations and the practical bottom line.

Informational only — not legal advice. Researched against the U.S. Code, C.F.R., HUD, and the FCC.

Fair Housing Act

42 U.S.C. §§ 3601–3619

Bans housing discrimination and requires reasonable accommodations for disability — assistance animals, accessible parking, and more. The single biggest source of federal HOA liability.

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Antennas & Satellite Dishes (OTARD)

47 C.F.R. § 1.4000

The FCC rule that stops your HOA from banning most satellite dishes and antennas in your own yard, patio, or balcony — and puts the burden on the HOA to justify any restriction.

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Freedom to Display the American Flag Act

Pub. L. 109-243 (2005)

An HOA may not prohibit a member from displaying the U.S. flag on their own residential property, subject to reasonable time/place/manner rules.

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Fair Debt Collection Practices Act

15 U.S.C. § 1692

Limits how third-party collectors and law firms may pursue your unpaid assessments — validation notices, no harassment, and a right to make them stop.

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Servicemembers Civil Relief Act

50 U.S.C. § 3901

Protects active-duty military owners: a 6% interest cap, protection from default judgments, and a court order required before foreclosing an assessment lien.

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Americans with Disabilities Act

42 U.S.C. § 12101

Reaches an HOA only where a facility is open to the public (a rental office, a clubhouse rented to outsiders). For disability inside the community, the Fair Housing Act applies instead.

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The U.S. Bankruptcy Code

11 U.S.C.

When an owner files bankruptcy, the automatic stay halts HOA collection — and federal law decides which assessments are wiped out and which (and which liens) survive.

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Think your rights were violated?

Fair-housing complaints have a strict one-year deadline. Here’s how to file — for free, without a lawyer:

Looking for Arizona statutes instead? See the HOA Laws library.